RESTRICTED
RESTRICTED
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1250
OF 09160OZ JUNE 89
INFO PRIORITY UKREP JLG HONG KONG
INFO SAVING PEKING
нко
TOP CORY Q DIST?
MKCD 382/3
(41
177267
MDHOAN 2969
enter
NC
1015/6
12
PQ: EXTRADITION
1
CHRIS SMITH MP (LABOUR, ISLINGTON SOUTH AND FINSBURY) HAS TABLED THE FOLLOWING PQ FOR WRITTEN REPLY ON 15 JUNE:
BEGINS
TO ASK THE SECRETARY OF STATE WHETHER HE WILL SUSPEND ALL EXTRADITION OF PRISONERS TO HONG KONG, WHERE THERE IS A POSSIBILITY OF THE EXTRADITED PERSON BEING HANDED OVER TO THE PEOPLE'S REPUBLIC OF CHINA AUTHORITIES ON 1ST JULY 1997: AND IF
HE WILL MAKE A STATEMENT.
ENDS
2. WE PROPOSE THE FOLLOWING DRAFT REPLY, BUT MAY OMIT THE FIRST
SENTENCE:
BEGINS
(SQUARE BRACKETS BEGIN) MY RT HON FRIEND THE HOME SECRETARY CAN ONLY ORDER THE RETURN OF A FUGITIVE WHEN ALL COURT PROCEEDINGS IN THE UK HAVE BEEN CONCLUDED (SQUARE BRACKETS ENDS). IF A FUGITIVE OFFENDER IS RETURNED TO HONG KONG UNDER THE FUGITIVE OFFENDERS ACT BEFORE 1997, IT WOULD BE IN RESPECT OF AN OFFENCE AGAINST THE LAWS OF HONG KONG AND WOULD BE A MATTER FOR THE HONG KONG COURTS. IT WOULD NOT BE FOR AN OFFENCE AGAINST THE LAWS OF THE PRC. UNDER THE JOINT DECLARATION, HONG KONG WILL RETAIN ITS SEPARATE LEGAL SYSTEM AFTER 1997, AND WILL NOT BE RELYING ON THE PRC
CRIMINAL CODE.
ENDS
3. GRATEFUL FOR ANY COMMENTS DESKBY 13120OZ TO ENABLE US TO MEET
OUR DEADLINE FOR SUBMISSION.
4.
ALTHOUGH THE PQ IS NOT EXPLICIT, THIS IS CLEARLY THE LATEST IN THE LONG LINE OF PQS RELATED TO THE LORRAIN OSMAN CASE. MR SMITH HAS RECENTLY WRITTEN TO THE HOME OFFICE AND TO THE FCO ON
THE CASE.
HOWE
1
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